[quote=Blogstar] . . . What happens if the neighbor and I file suit at the same time more or less? Is there more hours for the Lawyer now answering the other complaint too? How much?[/quote]
This can’t happen, Russ. If the cases are filed within 59 days of one another and not yet served (the second filer doesn’t yet know about the first filer), then I believe the second case number will be “consolidated” into the first case number and all or a portion of the second-case filer’s first paper fee will be returned to them because they will now need to file a response to the first case if/when they are served with it and pay it over again. I don’t know how long it is taking the clerks to input new filings in the computer but I suspect they do it on the afternoon of filing, since the business office now closes at 3:30 pm and they don’t get off until 4:30 pm (or it is done by back-end staff all during the business day). So by the very next business day, the first case with the exact party names is in the court’s computer (which could ostensibly cause the second case filing with the exact same party names) to be rejected or consolidated shortly after filing it.
[quote=blogstar]I am really on the fence about the demand alone first, or just filing a suit and serving it with a settlement letter. Most attorneys I am talking to will write the demand for a flat fee without retainer.
I’ll ask about the flat rate thing for getting through your suggested steps. I copied that post and have it handy now.[/quote]Earlier on this thread, I suggested to you trying to get a “Limited Scope Representation” retainer agreement for the purpose of the atty preparing and sending your demand letter, preparing all your papers to file suit, leaving you to do the filing, finding a process server and other grunt work, such as gathering documents you might need in the future, etc. I feel that arrangement could save you a boatload of money as long as you didn’t end up needing to schedule an evidentiary hearing or trial, which could prove to be too “tricky” to prepare for and handle successfully by yourself (even if the other party didn’t show up for it after being notified by the court).
